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Section 10. <br /> Effective Date of Fee <br /> <br />The parries desire that the Tri-Valley Transportation Development Fee shall be <br />effective in each jurisdiction on the same date. Accordingly, each party shall time <br />the adoption of its resolution or ordinance imposing the fee in such a manner that <br />the fee shall be effective as of September 1, 1998 ("the Fee Effective Date"). <br /> <br /> Section 11. <br /> Strate~c Expenditure Plan <br /> <br /> a. The initial Strategic Expenditure Plan CSEP") is the 580/680 <br /> interchange project described in Section 8.a. <br /> <br /> b. The TVTC shall prepare and forward to each Party a draft SEP, within <br /> six months of the Fee Effective Date. The SEP shall include project <br /> cost and revenue estimates for the TVTD Fee, a prioritization plan <br /> and a timeline for project delivery. It shall also include reasonable <br /> requirements for indemnification and insurance, as appropriate for <br /> individual projects, and may include requirements that Project <br /> Sponsors or other entities which construct any of-the Projects defend <br /> and indemnify the Parties. The SEP may also include guidelines <br /> governing credit and/or reimbursement for developer-constructed <br /> Projects as authorized by, and consistent with, Section 15. <br /> Appropriate capital improvement procedures shall be reflected in the <br /> SEP. Any TVTD Fees retained by the pardes and not transmitted to <br /> the Joint TVTD Fee Account shall also be reflected within the SEP. <br /> <br /> c. The SEP must be reviewed and approved unanimously by all of the <br /> Pardes. The SEP must be reviewed at least once every two years by <br /> the TVTC. Each revision shall require unanimous approval by the <br /> TVTC. <br /> <br /> d. The TVTC shall consider the following criteria when establishing the <br /> priority of Transportation Improvement Projects in the SEP: <br /> <br /> (i) Project Readiness: Ability of Project Sponsors to move directly <br /> to final design and construction, ~vhich could be represented by, <br /> among other things, completion of environmental <br /> <br /> Joint Exercise of Powers Agreement Page 15 of 22 <br /> TVTD Fees for Traffic Mitigation April 24 1998 <br /> <br /> <br />